Changes in the law on compulsory motor liability insurance from January 1, 2021


New procedure for calculating the cost of an auto insurance policy

Car owners will be divided into categories based on age and driving experience. Several groups will receive the maximum coefficient, for example, the policy will become significantly more expensive for young drivers under the age of 24, if they have no more than 4 years of driving experience, as well as for drivers no older than 29, if they have just started driving. Drivers whose age has passed the 30-year mark will be able to receive a discount on compulsory motor liability insurance, provided that they have been driving for at least 4 years.

From these specific examples, the principle of changing the coefficients becomes clear. The older car owners are and the more experience they have driving a car, the lower the coefficient will be for them.

What does time depend on?

The period for consideration of a case under compulsory motor liability insurance is determined by law; if the insurer delays in settling the loss, it will be obliged to pay, in addition to compensation for the damage caused, a penalty for each day of delay.

However, in many ways, the speed of receiving money or referral for repairs depends on whether the victim has submitted all the necessary documents at once. If the missing papers have not been transferred to the insurer within more than 30 days, then the company has the right to refuse payment.

In some cases, the period for consideration of the case may be exceeded for reasons beyond the control of the insurer and the victim.

, For example:

  1. the accident is being investigated by the police or is being prosecuted;
  2. one of the participants in the accident fled the scene;
  3. The traffic police cannot establish the culprit or the degree of guilt of each participant;
  4. There were deaths or serious injuries in the incident.

In such a situation, the insurance company must first receive a document containing the results of the trial or the investigative measures taken, and only after that will it be able to determine the extent of the damage and decide on the amount of compensation or refusal to pay.

Is it possible to influence it somehow?

It is quite difficult for the victim to influence in any way the speed of consideration of the case under compulsory motor liability insurance

and force the insurer to compensate for damages earlier than the statutory period of 20 working days, and in the case of in-kind compensation - 30 days.

However, for its part, the person applying for payment can take all the necessary actions as quickly as possible: as soon as possible after the incident, collect a complete package of documents and contact the insurance company with an application, and submit the damaged car for inspection as quickly as possible. If the victim received injuries as a result of the accident that do not allow him to come to the company’s office in person, then you can send an application by mail or write a power of attorney to another person.

OSAGO coefficients 2017 by group

Now the coefficient is determined only by 4 group options. However, Bank of Russia analysts are confident that this gradation is not sufficient. In addition, experts have complaints about the coefficients themselves. Therefore, in the near future there will be an increase in the number of groups for people driving, as well as a change in the coefficient: the numerical multiplier will become fractional.

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Amendment to OSAGO No. 6. Full compensation for damage from the culprit of the accident

The maximum amount of payments under compulsory motor liability insurance is up to 400 thousand rubles. for a car and other property and up to 500 thousand rubles. for life and health insurance.

The innovations established by the adopted law do not resolve the issue of full compensation for damage from the culprit of the accident if the insured amount is not enough to restore the damaged car.

Previously, the reason for the lack of funds for repairs was the high price of new spare parts. Starting from 2021, the insurance company does not have the right to take into account depreciation of car components that are subject to replacement.

However, the increase in the exchange rate of the dollar and euro against the ruble leads to a constant increase in prices for spare parts supplied from abroad, which means that there may be cases of insufficiency of the insured amount for a full repair. So far, the law does not provide for such a case.

It should be especially noted that the issue of full compensation for damage is very relevant for the Europrotocol (damage up to 100 thousand rubles).

A protocol was drawn up without the participation of traffic police officers, accepted by the insurer, and vehicle repairs began. During the work, it was discovered that to fully restore the car, an amount exceeding the maximum amount of money established for the Euro Protocol is required.

In this case, the new law places the obligation to make additional payments in the difference on the injured party. The logic is this: you drew up the protocol yourself, pay extra yourself, that is, bear responsibility for your independent decision. Whether this is correct or not, law enforcement practice will show.

More people will receive the discount than before

The topic of changes in the cost of compulsory motor liability insurance was studied by experts from several organizations: the National Union of Liability Insurers, the Russian Union of Auto Insurers, and the All-Russian Union of Insurers. They came to the conclusion that under the new changed tariffs, two-thirds of car owners will be able to get a discount on insurance - this is what gives a more flexible coefficient.

Insurers respond positively to the Bank of Russia’s decision because they have nothing to lose in this situation: the average premium will be the same. Car owners are also happy: insurance calculations promise to be fair, almost individual.

New edition of the Law on Compulsory Motor Liability Insurance

Motorists who decided to sign out or renew an insurance contract for the first time had to familiarize themselves with the new rules in force from April 2021. Owners of old policies will not be affected by these rules until the insurance period expires. The law changes affect 11 provisions on insurance, including obtaining a policy and methods of compensation for losses. The most pressing issue for car owners is the issue of material compensation.

Indemnification: before and after the new rules

Previously, the victim's car could be repaired at a car repair shop, which received money from the insurance company. When the amount of maximum insurance payments was insufficient, the car owner had to pay extra. But he had the right to refuse repairs and demand direct compensation for losses in monetary terms.

Insurers believed that the second option opens up wide scope for fraudsters who, taking advantage of legal literacy and ambiguous interpretations of regulations, went to court and received illegal payments. For this purpose, they even provoked emergency situations and purchased the right to claim payment of damage from the injured party. According to representatives of the insurer, the new version of the law helps eliminate such a scenario. Now it has become more difficult to obtain monetary compensation. Insurance companies pay money provided that:

  • the vehicle cannot be repaired or restored;
  • the amount of insurance compensation is more than 400,000 rubles;
  • the owner of the damaged car has an established disability (except for group III) and in a declarative manner requests direct compensation for damage;
  • police officers did not participate in registering the accident, while more than 100,000 rubles are required for repairs, and the victim does not intend to pay extra out of his own pocket;
  • damage was caused to property that does not relate to vehicles;
  • the insurance contract was concluded within the international system;
  • the insurer cannot compensate for the loss in any way other than direct payment.

The changes also apply to persons entitled to compensation. Now the victim’s representative will be denied payment, which makes it pointless for fraudsters to buy out their rights to compensation for losses. A positive point for a car enthusiast is the opportunity to choose a car service for repairs, but this also has its own characteristics.

Why you should choose your insurance company carefully

Now the policyholder, when concluding an MTPL agreement, must familiarize himself with the list of service stations that will repair the car in the event of an accident. According to the law, only these car services can be contacted in the event of an insured event. If the policyholder insists on repairs from another company, the insurance company has the right to refuse. When signing the contract, the client is provided with a list of car services (their number is not limited) with addresses and other data. The selected service is specified in the contract. Service stations of insurers must:

  • be no further than 10 km from a city with a population of more than half a million; if there are fewer inhabitants, then the distance increases to 200 km;
  • provide a two-month guarantee for all types of work;
  • repair the delivered vehicle within 30 days.

The last condition causes another legal conflict in the field of auto insurance. If the service station is delayed with repairs, the driver will have to do without a car for a long time. The law determines that for each day of delay the insurance company is obliged to pay the victim half a percent of the amount of damage. But there is no clear mechanism for transferring funds.

As for the two-month warranty for repairs, here too, car enthusiasts are putting their car at risk. For example, painting defects may appear after 6 months, and you will have to correct them at your own expense or go to court.

To whom can the insurer make a claim for reimbursement?

The insurance company has the right to apply to the court with a claim for reimbursement of the insurance amount that was transferred to the car service for car repairs. The defendant in the claim is the person driving the car who caused the accident, who:

  • was drunk or in a state of drug trance (an expert opinion is required);
  • refused an alcohol test;
  • consumed alcohol or drugs after the accident, which is contrary to traffic rules.

The owner of a car with a trailer can also compensate the insurer’s costs for a recourse claim if the trailer is not specified in the policy. The court will refuse the claim if the defendant is a pedestrian injured in an accident or his relatives (heirs).

Electronic policies and problems on the roads

Applying for insurance online helps save time, but an electronic policy is not always convenient when checked by traffic police. Until April of this year, there was no mention of electronic insurance in the inspectors’ regulations, and the driver was issued a fine.

Today, a regulation has been officially established, according to which a printout of the policy is equal to the electronic original of the policy; the driver has the right to present a printout during inspection. The authenticity of the statement is verified on the resource of the Russian Union of Auto Insurers. To confirm the authenticity of the document, the police officer must have access to the Internet.

An example of a conflict-free check of an electronic policy

Not all road users quickly adapt to the new rules. If the traffic inspector doubts the authenticity of the insurance document printout and claims that he does not have access to the network (the necessary device is missing, there is no reliable reception), then the driver can offer the inspector his gadget or drive to another place where the network is available. By opening the resource of the Russian Union of Insurers, you can prove the authenticity of the insurance.

Contracts without limiting the number of vehicle managers will become more expensive

The Bank of Russia plans to increase the coefficient for “automobile license” contracts to 2.7 units, in which there is no limit on the number of persons entitled to drive a car. However, this rule should only apply to individuals. For companies that issue compulsory motor liability insurance for their cars, they plan to reduce this coefficient, on the contrary. It will be 1.68 units.

The KBM is also planning to change. It will be determined at the beginning of each year and remain unchanged during this period.

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